casemark/case-viability-report
skills/legal/case-viability-report/SKILL.md
Produces internal case viability and conflict check memos for personal injury litigation intake. Screens conflicts, assesses liability and damages, checks statute of limitations, and outputs an accept/decline recommendation. Use when evaluating new PI intake, running conflict checks, assessing case merit pre-filing, or preparing acceptance memos.
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SKILL.md
- name:
- case-viability-report
- language:
- en
- description:
- Produces internal case viability and conflict check memos for personal injury litigation intake. Screens conflicts, assesses liability and damages, checks statute of limitations, and outputs an accept/decline recommendation. Use when evaluating new PI intake, running conflict checks, assessing case merit pre-filing, or preparing acceptance memos.
Case Viability & Conflict Check Report
Internal privileged memo evaluating a prospective PI matter for case acceptance, conflict clearance, and resource commitment.
Prerequisites
- Intake summary — client name, adverse parties, incident date, injuries, objectives
- Supporting documents — police reports, medical records, photos, insurance info
- Firm conflict database — current/former clients, pending matters
- Fee parameters — contingency rates, cost-advance policy, minimum case value thresholds
Quick Start
- Gather intake summary and supporting documents
- Run conflict screen against all parties and entities
- Assess legal viability: claims, defenses, SOL, procedural bars
- Project damages and calculate cost-benefit
- Issue recommendation: ACCEPT / ACCEPT WITH CONDITIONS / DECLINE / DEFER
- Draft executive summary with privilege designation
Memo Sections
1. Factual Summary
- Chronological narrative of key events
- All parties identified (client, adverse parties, insurers, witnesses, related entities)
- Client's stated objectives
- Gap analysis:
| Missing Information | Impact (H/M/L) | Resolution Path | |---|---|---| | {item} | {level} | {method} |
2. Conflict of Interest Analysis
Screen every person/entity against firm databases.
Check: prospective client + affiliates, all adverse parties (named and anticipated), insurers/adjusters, key witnesses, subject matter overlap.
For each conflict found:
| Factor | Analysis | |---|---| | Type | Direct (Rule 1.7) / Former client (Rule 1.9) / Imputed (Rule 1.10) / Prospective (Rule 1.18) | | Affected matter | {identify specifically} | | Waivable? | Yes — informed written consent / No — {reason} | | Proposed cure | Screening wall / Client consent / Decline |
If clear: state affirmatively with search date range and scope. Flag jurisdiction-specific RPC variations with [VERIFY].
3. Legal Viability
A. Causes of Action — For each claim, table elements vs. supporting/undermining facts and available evidence.
B. Anticipated Defenses — For each defense (comparative negligence, assumption of risk, etc.), assess likelihood, impact, and mitigation strategy.
C. Statute of Limitations
- Applicable statute with citation
- Accrual date and basis
- Tolling doctrines (discovery rule, minority, incapacity)
- Filing deadline: {exact date}
- Urgency: > 6 months / < 6 months / < 90 days / EXPIRED
D. Procedural Requirements
- [ ] Subject matter and personal jurisdiction
- [ ] Venue proper
- [ ] Administrative exhaustion (if applicable)
- [ ] Pre-suit notice requirements (e.g., government tort claims)
- [ ] Mandatory arbitration clauses
- [ ] Standing confirmed
E. Red Flags
- [ ] Client credibility concerns
- [ ] Prior claims / litigation history
- [ ] Social media contradicting injury claims
- [ ] Pre-existing conditions overlapping claimed injuries
- [ ] Adverse precedent in controlling jurisdiction
- [ ] Uncooperative or unreachable client
- [ ] Criminal exposure or parallel proceedings
- [ ] Gaps in medical treatment
4. Financial Viability
Damages projection — estimate low/mid/high for: past medical specials, future medical, lost wages, loss of earning capacity, pain & suffering, punitive (if applicable).
Cost-benefit analysis — projected attorney hours, fee arrangement, hard costs (filing, depositions, experts), total firm investment, expected recovery × probability of success, ROI ratio.
Collectability — assess insurance coverage, defendant assets, judgment-proofing concerns.
Resource check:
- [ ] Firm has subject-matter expertise
- [ ] Staffing capacity available
- [ ] Co-counsel needed? (if so, identified)
- [ ] Strategic value beyond fees (reputation, referral source, precedent)
5. Recommendation
One of:
- ACCEPT — conditions listed
- ACCEPT WITH CONDITIONS — specify prerequisites (waivers, retainer, investigation)
- DECLINE — specific reasons + referral suggestions
- DEFER — specify information needed + decision deadline
Rationale: synthesize conflict status, legal merit, financial viability, and strategic alignment in 2-3 paragraphs.
6. Executive Summary
- 3-5 bullet key findings
- One-sentence recommendation
- Report date, preparing attorney, contributors
- Sources consulted and search scope
- Time-sensitive deadlines flagged
- Privilege designation: Attorney-Client Privileged / Work Product
Pitfalls & Rules
- Candor — internal document; sugar-coating risks harms the firm
- SOL precision — calculate deadlines exactly; flag < 90 days as urgent
- Collectability — never assume; verify insurance and assets
- Ethics rules — apply Model Rules of Professional Conduct; mark jurisdiction-specific variations with [VERIFY]
- Minimum case value — for contingency fees, apply firm threshold before recommending acceptance
- Citations — mark any unverifiable legal citation with [VERIFY]
- Privilege — state "Attorney-Client Privileged / Work Product" explicitly in output
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